Author Info for Proskauer - Advertising Law

Isaiah Anderson

Sweet (But Not Too Sugary) Victory: Court Dismisses Lawsuit Over Sprout Foods Baby Food Labeling

Judge Richard Seeborg of the Northern District of California recently dismissed a putative class action alleging that Sprout Foods’s nutritional claims on its baby and toddler food labels misled consumers into believing that the… more

Appeals, False Advertising, Food Labeling, Marketing, Product Labels

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Julia Ansanelli

Organic Baby Food for Thought: Second Circuit Holds that OFPA Certified Organic Product Labels Cannot Be Challenged as Misleading Under State Law

The Second Circuit recently affirmed the dismissal of a class action asserting state law claims that a manufacturer falsely advertised its baby formula as organic. In doing so, the appellate court agreed with the district… more

Baby Products, Dismissals, False Advertising, Food Labeling, Misleading Statements

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Michael Beckwith

Amid Rise in Forever Chemicals Cases, Courts Dismiss PFAS Claims Which Rely on Inadequate Product Testing

As chemicals of concern litigation continues to surge across the nation, companies increasingly find their products under scrutiny for alleged contamination of these “forever chemicals.” These “forever chemicals” have become a… more

Consumer Protection Laws, Contamination, Cosmetics, Environmental Protection Agency (EPA), Hazardous Substances

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Evelyn Blanco

What’s in a Word? The Legal Battle over “Natural” in False Advertising

While class actions centered around “natural” claims remain popular with the plaintiffs’ bar, this past year has seen some growing skepticism from courts towards such lawsuits, particularly where plaintiffs fail to adequately… more

Consumer Protection Laws, Deceptively Misdescriptive, False Advertising, Labeling, Motion to Dismiss

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Timothy Burroughs

On Notice: Procedural Overview of the FTC’s Section 5 Penalty Offense Authority

As discussed in our earlier post, on October 13, 2021, the FTC issued “Notice of Penalty Offenses” letters to more than 700 companies, placing them on notice of civil penalties up to $43,792 per violation if they use… more

Endorsements, Enforcement Actions, Fake Reviews, False Advertising, Federal Trade Commission (FTC)

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Naomi Caldwell

Subscription Shake-Up: Navigating the FTC’s Click-to-Cancel Rule

In October 2024, the Federal Trade Commission (“FTC”) updated its 1973 Negative Option Rule to address unfair and deceptive online subscription practices. See 16 C.F.R. § 425 (2024) (the “Negative Option Rule” or the “Rule”)… more

Cancellation Rights, Class Action, Consumer Protection Laws, Corporate Counsel, Disclosure Requirements

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Amy Gordon

Sheep’s Clothing: Court Dismisses Lawsuit Over Allbirds’ Carbon Footprint and Animal Welfare Claims

Judge Cathy Seibel of the Southern District of New York recently dismissed a putative class action lawsuit challenging various environmental impact and animal welfare claims made by Allbirds in ads for its wool shoes. In doing… more

Advertising, Animal Cruelty, Business Strategies, Environmental Claims, False Advertising

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Brooke Gottlieb

Judge Has No “Reservations” Dismissing Advertising Suit Against Omni Hotels

Judge Cathy Ann Bencivengo of the U.S. District Court for the Southern District of California recently dismissed with prejudice a putative class action alleging that the Omni luxury hotel chain deceptively advertised its hotel… more

Advertising, Class Action, Dismissal With Prejudice, False Advertising, Putative Class Actions

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Jessica Griffith

Amid Rise in Forever Chemicals Cases, Courts Dismiss PFAS Claims Which Rely on Inadequate Product Testing

As chemicals of concern litigation continues to surge across the nation, companies increasingly find their products under scrutiny for alleged contamination of these “forever chemicals.” These “forever chemicals” have become a… more

Consumer Protection Laws, Contamination, Cosmetics, Environmental Protection Agency (EPA), Hazardous Substances

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Kelly Landers Hawthorne

The RealReal Falls Seven Bags Short of 100% Compliance with Advertising Claims

Judge Vernon Broderick of the U.S. District Court for the Southern District of New York recently decided a motion to dismiss by luxury consignment goods reseller The RealReal (“TRR”) in an action brought by famous French brand… more

Advertising, Corporate Counsel, False Advertising, Fashion Industry, Lanham Act

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Jennifer Jones

Beer-Maker Puts an End to Brewhaha: Anheuser Busch Agrees to Settle Second of Two Class Action Lawsuits over Beer Origin Disclaimers

Anheuser Busch recently agreed to settle a consumer class action over Beck’s Beer labeling that we previously reported on with regard to the uptick in consumer class actions proceeding past the pleading stage in the Southern… more

Anheuser-Busch, Attorney's Fees, Class Action, False Advertising, Injunctions

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Emily Kline

Court Gives Vanilla Ice Cream False Advertising Claims a Frosty Reception

Judge Louis L. Stanton of the Southern District of New York recently granted defendant Wegmans Food Markets’motion to dismiss claims alleging that Wegmans falsely labels its vanilla ice cream. Plaintiffs sued Wegmans for false… more

Class Action, De Minimis Claims, False Advertising, Food Manufacturers, Motion to Dismiss

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Marielle LaBerge

Nothing Fishy About Whole Foods’ Fish Oil Supplement Product Label

In line with prior precedent, the Second Circuit recently affirmed that the product label for Whole Foods’ fish oil softgel product did not deceptively misstate the quantity of Omega-3s it contained. Foster v. Whole Foods… more

Dismissals, Product Labels, Whole Foods

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Omobolaji Oluwasola

“Champion” Petfoods: Seventh Circuit Affirms Dismissal of False Advertising Suit Against Pet Food Company

We recently blogged about Champion Petfoods’ success in a Minnesota district court case alleging that it misrepresented the quality of its dog food and ingredients. Well, Champion Petfoods came back to defend its title in… more

Advertising, Animal Food, Article III, Class Action, Evidence

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Marc Palmer

Not a Kernel of Standing: Ninth Circuit Affirms Dismissal of Complaint Against Pop Secret

The Ninth Circuit recently affirmed the dismissal of a putative class action alleging Diamond Foods engaged in unfair practices, created a nuisance, and breached the warranty of merchantability by including partially… more

Article III, Breach of Warranty, Dismissals, Injury-in-Fact, Nuisance

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Lee Popkin

Sixth Circuit Says T-bone Steaks and Salmon Filets on Pet Food Packaging Not Misleading

Last month, the Sixth Circuit held that photographs of “premium cuts” of meat on pet food packaging were not enough to mislead a reasonable consumer into believing that the kibble was made from these high-end ingredients. Wysong… more

Animal Food, False Advertising, Food Labeling, Food Manufacturers, Food Marketing

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Jana Ruthberg

That’s a “Wrap”: Second Circuit Upholds Click-Wrap Mandatory Arbitration Provision

This past Friday, the Second Circuit reversed a lower court’s denial of a motion to compel arbitration in a putative consumer class action against fintech company Klarna. Edmundson v. Klarna, Inc., Case No. 22-557-cv (2d Cir… more

Arbitration, Auto-Renewal, Corporate Counsel, FinTech, Mandatory Arbitration Clauses

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Reut Samuels

Crypto Chaos: EthereumMax Executives, Kim Kardashian, Floyd Mayweather, Jr., and Paul Pierce Sued in Cryptocurrency Advertising Class Action

Cryptocurrency, social media, and celebrity or influencer endorsements have all been top of mind recently, including for advertisers. A newly filed lawsuit is asking a federal court to consider the intersection of these areas,… more

Advertising, Celebrity Endorsements, Class Action, Cryptocurrency, Digital Assets

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Nicole Sockett

Amid Rise in Forever Chemicals Cases, Courts Dismiss PFAS Claims Which Rely on Inadequate Product Testing

As chemicals of concern litigation continues to surge across the nation, companies increasingly find their products under scrutiny for alleged contamination of these “forever chemicals.” These “forever chemicals” have become a… more

Consumer Protection Laws, Contamination, Cosmetics, Environmental Protection Agency (EPA), Hazardous Substances

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Carol Sullivan

Eleventh Circuit Does Not Skim Over First Amendment Concerns in Labeling Milk

Be careful not to skim over potential First Amendment challenges to commercial speech regulations in labeling cases. By ‘whey’ of example, the Eleventh Circuit recently found that the actions of the Florida Commissioner of… more

Appeals, Commercial Speech, Dairy Farmers, First Amendment, Food Labeling

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Nicole Swanson

Game Over: Court Dismisses Class Action Lawsuit Over Gaming Computer Performance

The gaming industry is increasingly becoming a target for consumer class actions, as plaintiffs’ attorneys are scrutinizing the marketing and performance claims of gaming PCs and accessories. However, gaming companies are not… more

Class Action, Dismissals, Fraud, Gaming, Lanham Act

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Alyson Tocicki

Canceled Before It Clicked: Eighth Circuit Strikes Down FTC’s Click-to-Cancel Rule

Just days before it was set to take effect, the U.S. Court of Appeals for the Eighth Circuit struck down the Federal Trade Commission’s (FTC) much anticipated “Click-to-Cancel Rule” (the “Rule”), delivering regulatory whiplash… more

Administrative Procedure Act, Appeals, Consumer Protection Laws, Disclosure Requirements, Enforcement Actions

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Baldassare Vinti

Canceled Before It Clicked: Eighth Circuit Strikes Down FTC’s Click-to-Cancel Rule

Just days before it was set to take effect, the U.S. Court of Appeals for the Eighth Circuit struck down the Federal Trade Commission’s (FTC) much anticipated “Click-to-Cancel Rule” (the “Rule”), delivering regulatory whiplash… more

Administrative Procedure Act, Appeals, Consumer Protection Laws, Disclosure Requirements, Enforcement Actions

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Jeffrey Warshafsky

S.D.N.Y. Waters Down Prior Ruling on “Carbon Neutral” Consumer Deception Claim

The Southern District of New York recently reconsidered its partial denial of Defendant Danone Waters of America’s motion to dismiss claims alleging Danone falsely advertised Evian water as “carbon neutral.” Reversing his prior… more

Carbon Emissions, Greenhouse Gas Emissions, Greenwashing, Misleading Statements, Motion to Dismiss

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Eric Wertheim

Survey Evidence in Amended Complaint Does Not Add Enough Juice to Save “Natural” Claims Against Mott’s Apple Products

Judge Beth Freeman of the U.S. District Court for the Northern District of California recently dismissed with prejudice a putative class action alleging that Mott’s apple-based products were deceptively labeled “Natural” and as… more

All Natural, Amended Complaints, Beverage Manufacturers, Corporate Counsel, Federal Rule 12(b)(6)

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Jennifer Yang

Canceled Before It Clicked: Eighth Circuit Strikes Down FTC’s Click-to-Cancel Rule

Just days before it was set to take effect, the U.S. Court of Appeals for the Eighth Circuit struck down the Federal Trade Commission’s (FTC) much anticipated “Click-to-Cancel Rule” (the “Rule”), delivering regulatory whiplash… more

Administrative Procedure Act, Appeals, Consumer Protection Laws, Disclosure Requirements, Enforcement Actions

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Proskauer - Advertising Law

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